Sleep apnea decisions — 2007

The Board denied the veteran's claims for service connection for various conditions, including lumbosacral strain, eye disorder, right foot disorder, and nervous disorder. The claim for a higher rating for residuals of an ununited avulsion fracture of the right ulnar styloid was also denied.

The Board has granted an increased rating to 10 percent for lumbosacral strain and confirmed the current 10 percent rating for Schmorl's node at T7.

The veteran's appeal for an increased rating for PTSD and service connection for sleep apnea were both denied. The VA found that the PTSD warranted a 30 percent evaluation, which is the maximum under current criteria, and there was no evidence of secondary sleep apnea.

The veteran's claims for service connection are being remanded due to the need for additional development, including proper notification and a VA examination.

The veteran's appeal has been withdrawn and the case is dismissed.

The Board found that the veteran's spine disability, other than his service-connected degenerative disc disease of lumbosacral spine, was not incurred in or aggravated by his active duty service and is not proximately due to or the result of his service-connected degenerative disc disease of lumbosacral spine.

The Board has determined that the veteran's service-connected acne rosacea and seborrheic keratosis warrant a 60 percent rating, which is higher than the current 30 percent rating.

The Board denied service connection for sleep apnea and did not find an effective date earlier than January 15, 2002 for the veteran's service-connected hypertensive vascular disease and cardiovascular disease.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant.,Service connection has not been established for blindness in both eyes, loss of use of either hand, or any disability resulting in the anatomical loss or loss of use of both feet.

The veteran's appeals for increased evaluations for hearing loss and tinnitus were withdrawn prior to the Board making a decision. The appeal for an increased evaluation of lumbosacral strain was remanded due to inadequate examination.

The veteran's appeal is remanded due to the need for a new VA examination to assess the current severity of his service-connected degenerative disc disease, lumbosacral spine.

The Board granted a 40 percent evaluation for lumbosacral strain effective December 4, 2004. The veteran's TDIU claim was also granted.

The veteran's claim for an extension of vocational rehabilitation training was denied as his service-connected disabilities did not prevent him from performing the duties of his rehabilitated occupation.

The VA denied the veteran's claim for an increased initial rating of 40 percent for his service-connected lumbosacral strain, finding that it did not meet the criteria for a higher evaluation under the applicable rating criteria.

The veteran's migraine headaches are currently rated at 10 percent, effective January 27, 2004. The Board found no evidence of a current skin rash or sinusitis that was manifest during active service or developed as a result of an established event, injury, or disease during active service. Right and left foot calluses were also not incurred in or aggravated by service.

The Board found no basis to assign a disability rating higher than 10 percent for the veteran's degenerative disc disease, lumbosacral spine due to lack of evidence showing incapacitating episodes or severe symptoms.

The Board has determined that a VA examination is necessary to determine the etiology of the veteran's spine disability and left lower extremity radiculopathy, as well as whether any congenital defects or superimposed diseases are service-connected.

The Board denied the veteran's claims for service connection for fibromyalgia, fatigue, heart disorder, and sleep apnea as secondary to undiagnosed illness. The appeals were also not successful in reopening previously denied claims for these conditions.

The Board denied service connection for hypertension, an enlarged heart, erectile dysfunction, PTSD, and sleep apnea as there was no evidence linking these conditions to the veteran's active service or any incident thereof.

The veteran's appeal includes claims for special monthly compensation, an increased rating for lumbosacral strain, a retroactive effective date for his total evaluation for schizophrenia and related conditions, and service connection for a bilateral leg condition as secondary to any service-connected disability. The Board has ordered these issues remanded for further development.